USA > North Carolina > History of North Carolina, V I pt 2 > Part 12
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Proceedings of the Provincial Congress
Realizing that the American colonies were embarked in a common cause, the congress resolved that the inhabitants of North Carolina should pay their full proportion of the ex- pense of maintaining the army and conducting its opera- tions; and recognizing that the former government had passed away, and that it was necessary to institute a new one for the province, a committee of fifty members was ap- pointed to prepare a plan of government to meet the exi- gency of the occasion.
Mr. Hooper presented for the consideration of the con- gress articles of confederation, which had been framed for submission to the several provincial conventions, prelim- inary to their adoption by the Continental Congress. This C. R., X. instrument conferred on the general congress the power of 175 making war and peace; of entering into alliances : of deter - mining on reconciliation with Great Britain; of settling all disputes between colony and colony, and of making ordi- nances necessary to the general welfare. The proposed con- federacy of the united colonies was to continue until the terms of reconciliation proposed by congress should be agreed to by Great Britain, until reparation should be made for the injury done to Boston and the expenses of the war
480
THE PROVINCIAL COUNCIL. 1775-76
1775 Proposed articles of confederacy rejected
repaid, and until all British troops should be withdrawn from America. On the failure of these requirements. the con- federacy was to be perpetual. It could not have been ex- pected that these demands would ever be assented to by Great Britain : and thus, in effect, this proposition was to establish a perpetual union or confederacy, on the basis of independence. Such was the measure offered by William Hooper to the convention on August 24, 1775. It was taken into serious consideration.
McRee's Iredell, 1,203
Johnston, president of the convention, on September 5th wrote to Iredell : "I was much afraid the plan contained in it would have been adopted : but in a committee of the whole house, though they at first seemed inclined to receive it. after hearing the reasons offered against it, it was almost unanimously rejected." By its provisions equality among the colonies was abolished and the smaller ones placed at the mercy of the larger : this doubtless caused its rejection. When it was rejected, by the recommendation of Johnston himself, the congress declared that "the present association ought to be further relied on for bringing about a recon- ciliation, and that a new confederacy ought to be adopted only in case of the last necessity." Through Johnston's wisdom they had escaped a danger ; and the delegates were instructed not to consent to any plan of confederation until it should be approved by the Provincial Congress .*
Independence not the object
C. R, X, 2 2
As yet independence was not the purpose of the patriot leaders, and the members of the congress signed a test pro- fessing their allegiance to the king, while declaring them- selves bound by the acts of the continental and provincial congresses : and they issued an address to the inhabitants of the British Empire. saying : "We have been told that inde- pendence is our object ; that we seek to shake off all con- nection with the parent state. Cruel suggestion! Do not all our professions, all our actions, uniformly contradict this?" They declared, in the presence of the Almighty
*This proposed constitution invested the Continental Congress with power to regulate commerce, post roads, and the currency. The representation was to be one delegate for every 5000 polls, and each delegate was to have a vote.
481
TROOPS RAISED
Being, who "knows our most secret intentions, that it is our most earnest wish and prayer to be restored . . . to the state in which we were placed before the year 1763." "This declaration we hold forth as a testimony of loyalty to our sovereign, and affection to our parent state. and as a sincere earnest of our present and future intentions."
In this the congress but followed the example of the gen- eral congress of the colonies at Philadelphia. There was to be no discord in the voice of America in seeking justice of friends and kindred in Great Britain.
The design of Governor Martin to embody the Loyal- ists was a constant peril, threatening the peace and repose of the province ; while the Indians and negroes, aroused by British emissaries, might at any time fall upon the whites. Preparations to meet such contingencies were quickly made. The Continental Congress having agreed to receive a thou- Continental battalions sand men raised by the province as a part of the continental army, two regiments of continentals, of five hundred men each, were at once organized. Four hundred of them were to be stationed in the district of Wilmington, one hundred of these being located in the vicinity of Fort Johnston, two hundred near Salisbury, two hundred near New Bern, and two hundred near Edenton. Of the first regiment James Moore was chosen colonel, his competitor being John Ashe, who was defeated by a single vote ; Francis Nash, lieutenant- colonel ; and Thomas Clark, major. Robert Howe, Alex- C. R., X, 187 ander Martin, and John Patten were the field officers of the second regiment. The captains, lieutenants and ensigns were also appointed, and these at once became active in raising their companies.
For an additional military force the province was divided into six districts, and a battalion consisting of ten companies of fifty men each was to be raised in each district. These were known as minute men, and as soon as the com- panies were filled the battalions were to be formed, and they were to be trained at once for fourteen days, and after that were to be mustered every fortnight in their counties. The colonels of the minute men were, for the Edenton district, Edward Vail: for that of Halifax, Nicholas Long ; Salisbury, Thomas Wade ; Hillsboro, James Thackston ; New
1775
Minute men
482
THE PROVINCHIL COUNCIL, 1775-76
1775 Bern, Richard Caswell : Wilmington, Alexander Lillington : C. R., X, 197 and these officers were to take rank from the date of their commissions, which was to be determined by the organiza- tion of their respective battalions.
These minute men were to be enlisted for only six months, and a bounty was allowed them of twenty-five shillings "to buy a hunting shirt, leggings, or splatter-dashes, and black garters." which constituted their uniform. To promote the organization of the minute men and regulars, congress thought it well to disband the independent companies that had been formed in the various counties. The militia. too. was organized, field officers being appointed for each county.
C. R., X, 193
The plan of government
C. R., X, 208
Provincial Council
The plan of temporary government devised provided for town and county committees, elected by the freeholders : and that in each district there should be a Committee of Safety consisting of a president and twelve members, who should sit at least every three months. having a superin- tending power over the town and county committees, direct- ing the operations of the militia, and censuring and punish- ing delinquents ; and there was to be a Provincial Council of thirteen members, two selected from each district and one by the congress at large; this council to have full power to do all matters and things to defend the colony, but not to alter or suspend any resolution of the congress. The Provincial Council and committees of safety had judicial powers conferred on them and the right to give judgment for all demands not in excess of £20.
C. R., X, 211
It was further ordained that on the third Tuesday in October in every year the freeholders in each county were to choose committeemen and also five deputies to represent them in congress, and that there should be annually held on November 10th a Provincial Congress. Committees of secrecy, intelligence, and observation were to be chosen by the town and county committees, who had power to exam- ine all suspected persons and send them to the district con- mittees of safety.
The courts of over and terminer were held for the sum- mer term of 1775, but then cease.1.
483
THIE TEST .IND ALLEGIANCE
1775
The congress did not interfere with the organization of the interior courts, but recommended that the magistrates C. R., X, appointed by Governor Martin should qualify and act : how- August 215 ever, it directed that after September roth no suit should be begun in any court or before any magistrate without leave from the county committee. With the assent of the local committees of public safety, judicial proceedings were to continue, and the county courts were regularly held dur- ing this chaotic period.
The congress also adopted a test. which was required to The test be taken by all delegates to the Provincial Congress; and later it was required to be subscribed by all persons holdling any position of honor or trust; and, still later, by all the C. R., X, inhabitants generally .* 212
Hooper, Hewes, and Caswell were thanked for their ser- vices in the Continental Congress, and were re-elected, and they were invested with such powers that all acts done by them not inconsistent with instructions should be obligatory upon every inhabitant of the province: but Caswell and Johnston being clected treasurers, as they had formerly been by the Assembly, Caswell declined to serve as a deputy. Remaining in the province, besides being treasurer, he be- came a colonel of minute men. To fill that vacancy, John Penn. who had come to North Carolina from Virginia about a year earlier, was chosen. Some dissatisfaction had been felt originally that the three deputies were from the eastern *[ Adopted September 9. 1775, required to be subscribed by all vestry- men and others holding places of trust.]
We, the subscribers, professing our allegiance to the king and acknowledging the constitutional executive power of government, do -olemily profess, testify and declare. that we do absolutely be- lieve that neither the Parliament of Great Britain. nor any member or constituent branch thereof. hath a right to impose taxes upon these colonies, or to regulate the internal police thereof, and that ail attempts by fraud or force to establish and exercise such claims and powers are violations of the peace and security of the people. and ought to be resisted to the utmost, and that the people of this province, singly and collectively. are bound by the acts and resolu- tions of the continental and provincial congresses. because in both they are freely represented by persons chosen by themselves: and we do solemnly and sincerely promise and engage, under the sanction of virtue. honor. and the sacred love of liberty and our country. to maintain and support all and every the acts. resolutions and regula- tons of the said continental and provincial congresses to the utmost of our power and abilities.
484
THE PROVINCIAIL COUNCIL, 1775-76
1775 September
part of the province, and Penn was now taken probably as a western man and as a friend of Thomas Person, both being representatives of Granville County.
To provide means to sustain the new government, it was directed that a sum of $125,000 should be emitted in bills, the standard being the Spanish milled dollar, departing from the British currency of pounds and shillings for palpable reasons ; and a tax of two shillings a year on every taxable person was laid, to be collected in 1777 and for nine years thereafter, to pay off this indebtedness; and the congress recommended that all public taxes due should be paid by the people; but, except the county and parish taxes, those laid by the old government to accrue in the future were not to be collected.
The congress took steps to obtain a supply of arms and ammunition, and, realizing the necessities of the situation because of the cessation of importations, it offered bounties for the manufacture of the most important articles. Among the commodities whose production it sought to stimulate were saltpetre, sulphur, and gunpowder, commou salt, linen and woollen goods, hollow ironware, pins and needles, and wire for cotton cards and woollen cards : and a considerable bounty was offered for the erection of rolling mills for the production of nails, a furnace for the manufacture of steel and of pig iron, and for a mill making various kinds of paper. Not only were the needs of the army to be supplied, but the necessities of the people were to be provided for.
Congress adjourns
Its business being now well completed, on Sunday, Sep- tember roth, at six o'clock in the morning, the congress met in its last session. It had solved the momentous questions of that eventful day. It had established a system of gov- ernment, and had provided for its perpetuation. It had raised troops for the defence of the province and created a public fund. It had appealed to the mother country for reconciliation, and had drawn to the support of the cause many who had been wavering. With brighter hopes and with greater confidence, and yet not without apprehension, the members now returned to their homes.
485
THE RAISING OF TROOPS
At once the many military officers, both continental and of the minute men, whose rank was to be determined by their promptness in the organization of their command, entered with zeal upon the work of securing enlistments. Throughout the province there was the greatest activity. Especially was this so on the lower Cape Fear. John Ashe. so long the military leader of his district, defeated in his aspirations, mortified at his enforced separation from his troops, determined not to be without a command. Gov- ernor Martin wrote in October: "It is possible also that the resentment of Mr. John Ashe. occasioned by his disappoint- ment of the chief command of the military establishment formed by the Provincial Congress, will cause some division liere, for it seems he and his friends are raising men of their own authority, in opposition to Mr. James Moore, his brother-in-law, who is appointed military chief under the C. R., X. congress." 370
Mr. George Hooper is quoted as saying "that he could never forget General Ashe's return from the convention of Hillsboro in September, 1775. He was in a state of pro- digious excitement. His object was to raise a regiment, and he accomplished it. You cannot imagine what a commotion he stirred up. He kindled an enthusiasm in New Hanover and adjacent counties of which there is no parallel in the traditions of the State. He struck the chords of passion with a master hand. His words roused the soul like the roll of the drum or the roar of artillery at the commencement of an action. Every breast heaved, as if with the sentiment of the Athenian orator, 'Let us away! Let us arm! Let us march against Philip!'" Not only was Ashe's proposed regiment in conflict with Moore's regulars, but also with Lillington's minute men. Their respective friends were all activity. Wearing the legends on their hats, "Who will not follow where Ashe leads?" "Who will not follow where Lillington leads?" they dashed from community to com- munity, from neighborhood to neighborhood, arousing the people and securing enlistments for their corps. At his own charges, Ashe raised a regiment, and for some time main- tained it out of his private purse. The final organization of Lillington's battalion was perhaps delayed by this irreg-
1775
Recruiting
Hooper's Memoir of John Ashe, N. C. Univ. Mag., 111, 371, (1854)
F
486
THE PROVINCIAL COUNCIL, 1775-76
1775
ular proceeding. Moore was more successful, and soon had his continental regiment fully organized, two companies vi which were stationed near Fort Johnston, where they were fired on by the British cruisers in the harbor.
C. R., X. 335. 336
The hostile demonstrations of these ships of war led the Wilmington committee to direct John Slingsby and others to procure necessary vessels and chains to sink in such part of the channel as they thought proper to prevent their ascent up the river.
Martin's activity
C. R., X, 306-308
It had been Governor Martin's expectation in July to re- ceive a supply of arms and munitions, and with these he hoped to equip a sufficient force of Highlanders and Regulators not merely to subjugate the province, but also to hold South Carolina and Georgia. Later he realized that the time for that had passel, and, without aid from the British army, he would be unable to carry out his cherished design. At length his plan received the sanction of the ministry. and on September 22d an expedition was arranged to subdue the southern colonies. On November 7th Dartmouth wrote hin that seven regiments might be expected to reach the Cape Fear about the time that letter would be received. and that he should lose no time in sending emissaries among the inhabitants with authority for raising and embodying as many men as could be procured, bringing down with them horses and wagons for. the use of the army.
Arrival of Highlanders
C. R., X. 325
In the meantime Highlanders continued to arrive-about the middle of October one hundred and seventy-two, a little later another shipload, and early in December a shipload reached Norfolk, who desired permission, which was given. to pass by land to their destination in Carolina. On the upper Cape Fear Major McDonald, who had recently arrivedl, under the orders of General Gage, was forming a battalion of Highlanders to be commanded by Colonel McLean : and Allan McDonald and Alexander McLeod, cach having commissions, were enrolling companies. Gov- ernor Martin also became more hopeful of aid from the Regulators on learning that many had become indignant with the action of congress at Hillsboro; and he was per- suaded that the loyal subjects infinitely outnumbered the
487
MISSIONS TO THIE CREEKS AND CHEROKEES
1775 -
.editions throughout all the very populous counties of the west.
In the presence of these threatened dangers, the Provincial Provincial Council Oct., 1775 Council held its first meeting at the court-house in Johnston County on October 1Sth. Cornelius Harnett was unani- mously elected president, perhaps because it was his section of the province that was in peril, as well as because of his capacity and zealous activity. It took measures to perfect C. R., X, 283 the defence of the province, exercising the high powers with which it was invested. Each district had one vote.
The Indians placated
The Cherokee and Creek Indians, who had long been under the direction of a very competent British officer, John Stuart, were being influenced to take sides against the col- onists, and the Continental Congress had appointed a com- mission, one of whom was Willie Jones, to secure their neutrality. In October the Creeks met two of these com- missioners at Augusta, and in November Willie Jones and the other commissioners couvened at Salisbury and sent a "talk to the beloved red men in Georgia," urging their neutrality and promising the usual gifts which were annually distributed among the Indians-powder, blankets, trinkets, etc., etc.
On the other hand, Stuart and his agent among the Indians, who had first also urged them to neutrality, now began to influence them to active hostility. "I found no argument," said Stuart. "prevail so much among the Indians as telling them that while the present disturbances continued they could not expect to be supplied with ammunition and other necessaries from Carolina and Georgia: and that it would be their own interest to join his Majesty's faithful subjects in restoring government and good order." He therefore recommended that all supplies should for the pres- ent be stopped. That, he thought, would determine the savages to engage on the side of the British.
Pursuant to the policy of congress, a supply of Indian goods, embracing some powder, was despatched through upper South Carolina as a present to the Indians. Several years before, during the same period when the Regulators
488
THE PROVINCIAL COUNCIL, 1775-76
1775 December
The Scovellites
were active in North Carolina, a movement somewhat sim ilar had taken place in that part of South Carolina, socie !. being disorganized by a social disturbance. Courts an ! lawyers having roused the animosity of the people, the undertook to regulate matters without regard to existing usages. Their chief leader was a man named Scovell, and they were generally known as Scovellites. After they wer dispersed they were out of sympathy with the other inhab- itants ; indeed. there was a wide stretch of unoccupied terri- tory intervening between their habitations and the seacoast counties. Most of them remained loyal to the king. It was among them that David Fanning had found a residence. Inc becoming. like them, an adherent of the Crown. Their leaders resolved to intercept the powder and goods being conveyed to the Indians under a small escort. and embody- ing a sufficient force, they seized the pack horses. declaring that the ammunition was being sent to the Indians to enable them to make war upon themselves. At once Major Will- iamson marched against them to recover the powder, but the Scovellites were too strong for his force, and he was compelled to retreat. taking refuge in a stockade fort at Ninety-six, where they besieged him. The patriot author- ities, aroused to the necessities of action, called on their friends in western North Carolina for aid, and early in De- cember Lieutenant-Colonel Alexander Martin, of the Second Continentals, who had in the Salisbury district two con- panies of continentals, one of the First Regiment, Captain George Davidson, and the other of the Second Regiment. Captain John Armstrong, proposed to march to their assist- ance. He was joined by 200 men from Rowan under Colonel Rutherford. 300 from Mecklenburg under Colonel Polk. and 100 from Tryon under Colonel Neal. This body of 700 North Carolinians reached General Richardson, of South Carolina. and Colonel Thompson, of the Third South Caro- lina Regiment, at Saluda River about December 16th, when the Scovellites hastily abandoned their efforts on Ninety-six, gave up the siege and returned to Saluda River. Unaware of the near approach of this new patriot force. they were surprised on December 22d and 400 of them taken prisoners. In the engagement Colonel Polk was wounded. The powder
C. R .. X. 408
Colonel Martin marches to aid South Carolina
The Snow Campaign
C. R .. X, 340, 341
Graham's Graham, 198
489
HOWE AIDS VIRGINIA
which they had seized again fell into the hands of its lawful owners, and was conveyed to the Indians. The weather dur- ing this short but eventful campaign was so inclement and stormy, with such heavy snows, that it was known to his- tory as the "Snow Campaign."
Still earlier than this expedition beyond the limits of the November State was a call from Virginia for aid in repelling British operations in the vicinity of Norfolk, where Lord Dunmore had begun a predatory warfare, burning houses, ravaging plantations and carrying off negroes. By proclamation, he declared that all indented servants and negroes who would join his Majesty's forces should be free; and several hun- dred of the inhabitants, many of them negroes, repaired to his standard. Taking possession of Norfolk, Duinore con- structed a fort on the highway from the south for its pro- tection ; and Colonel Woodford, in command of the Vir- ginia troops, fortified at Great Bridge, a few miles distant. The district committees of safety in North Carolina had power to call into active service the organized troops of the province. To assist the Virginians, the committee at Halifax hurried Colonel Long with the minute men of that district to Great Bridge, and on November 28th ordered Major Jethro Sumner to raise what minute men and voi- C. R., X, unteers he could and follow Colonel Long with the utmost 337 despatch; and Colonel Howe, whose chief command was at New Bern, was directed to lead his continentals also to Norfolk. On December 7th affairs at Great Bridge were reaching a crisis. Colonel Woodford wrote to Governor Henry : "As to the Carolina troops and cannon, they are by no means what I was made to expect ; sixty of them are here and one hundred will be here to-morrow ; more, it is said, will follow in a few days under Colonel Howe; badly armed, cannon not mounted, no furniture to them."
Two days later Captain Fordyce, commanding a force of British regulars and a detachment of sailors, assaulted the Virginia fortifications. He and many of his officers were killed, and the British were completely routed, with great loss, retreating at once into Norfolk. Colonel Howe arrived after Colonel Woodford had won this great victory. Wood- ford was not a continental officer, and cheerfully yielded the
1775
Howe marches to aid Virginia
490
THE PROVINCIAL COUNCIL. 1775-76
1775
Howe commands in Virginia
command to Howe. as being of superior rank. perhaps the more cheerfully as they had served together on the Holstein in the French and Indian War. From that time until March Howe continued to direct military operations in lower Vir- ginia ; the immediate command of his regiment devolving on Major Patten, Colonel Armstrong being in western North Carolina.
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